Do I Need a Licensed Drone Pilot for Real Estate Photos? Yes. Here Is What That Means for You
Yes. Drone photos or video used to market a listing are commercial use, and the FAA requires the pilot to hold a Remote Pilot Certificate under Part 107. That applies whether you hire someone or fly your own drone, and whether or not anyone is paid for the flight. You can get certified yourself, but for most agents hiring a certified, insured pilot costs less than doing it properly alone.
October 3, 20266 min read
By Tom Van Vechten · Updated
Why is the answer yes?
The FAA sorts drone flights by purpose. Flying purely for fun falls under the recreational rules. Anything else falls under Part 107, which requires a certified pilot. The FAA describes the requirements on its page for commercial operators.
A listing photo is used to sell a property and earn a commission. That isn't recreation, however small the drone and however quick the flight. Our guide to what Part 107 is explains the rule in detail. This page is about the decision in front of you.
Can I fly my own drone for my own listing?
Only if you hold a Part 107 certificate. These are the situations agents ask about most:
Situation
Certificate needed?
I fly my own drone over my own listing
Yes
I’m not charging anyone for the flight
Yes
The seller flies their drone to get photos for the listing
Yes. A flight made for marketing is a business flight
My drone is very small and light
Yes, if the flight is for business
A friend with a drone does it as a favor
Yes
I only want one photo for Instagram
Yes, if the post promotes the listing or your business
I’m flying at the park on Sunday for fun
No, under the recreational rules
The second row is the common misunderstanding. The test is the purpose of the flight, not whether money changed hands for it.
What does it take to get certified myself?
Be at least 16 and able to read, speak, write, and understand English
Study for the FAA aeronautical knowledge test. It covers airspace, weather, regulations, and safe operation
Pass the test in person at an FAA-approved testing center. There is a test fee
Apply for the certificate through the FAA and pass a security background check
Register your drone with the FAA and mark it with the registration number
Make sure the drone broadcasts Remote ID
Complete the FAA’s recurrent training every 24 months
The FAA's steps are on its Become a Drone Pilot page. Most people study for a few weeks.
The certificate is the start. You also need to learn to fly smoothly, compose an aerial photo, edit it, check airspace before every flight, request authorization where it is needed, and carry insurance that covers aircraft.
What makes San Diego harder than most places?
Airspace. A large share of the county's listings sit inside controlled airspace around San Diego International, Montgomery-Gibbs, McClellan-Palomar, and Gillespie airports, or near military airfields at Miramar, North Island, and Camp Pendleton. In those areas, a certified pilot has to request FAA authorization before each flight, height limits vary by block, and some addresses can't be flown at all.
An aerial at twilight from one of our shoots, flown by a Part 107 certified pilot.
Should I get certified or hire a pilot?
Get certified and fly yourself
Hire a certified pilot
Up-front cost
Test fee, study time, a capable drone, insurance
None
Cost per listing
Your time: flying, editing, airspace checks
From $175 for 5 photos with us
Quality
Depends on practice
Consistent, edited to match the listing photos
Airspace
Your responsibility on every flight
The pilot’s responsibility
Liability
Yours
The pilot’s, with their insurance
Best for
Agents who enjoy it and list often in open airspace
Most agents
If you like flying and want aerials for your own social content, certification is worth having. For listing work in San Diego, most agents find that hiring is cheaper once their own time is counted. Drone photos are included in all three of our packages where the airspace allows. See the pricing page.
What should I check when I hire?
Ask to see the pilot’s FAA Remote Pilot Certificate
The flight is illegal, and the FAA can pursue civil penalties against unauthorized commercial operators
Insurance may not cover damage or injury from an unlicensed or unauthorized flight
Your listing’s marketing is built on footage that shouldn’t exist
Your broker and your seller may hold you responsible for the choice
None of that is worth saving a small fee. If a seller offers their own drone footage, thank them and explain why you can't use it.
This is general information, not legal advice. Ask your broker how your brokerage handles drone vendors and agent-flown drones.
Frequently asked questions
Do I need a license to fly a drone for real estate?
Yes. Flying a drone to market a property is commercial use, and the FAA requires a Remote Pilot Certificate under Part 107.
Can I fly my own drone over my listing if I’m not being paid for it?
Not without a Part 107 certificate. The rule depends on the purpose of the flight, and marketing a listing is a business purpose.
Can I use drone photos the seller took?
Not if the flight was made to get photos for the listing, unless the seller is a certified pilot who flew legally. A flight made for marketing is a business flight.
How hard is it to get a Part 107 certificate?
You study for and pass an FAA knowledge test at an approved testing center, then apply for the certificate. Most people study for a few weeks.
How much does it cost to hire a drone pilot for a listing?
With Turnkey Media, drone photos start at $175 for 5 and are included in all three packages where the airspace allows.
Ready when your listing is
Book your shoot online in a few minutes. Photos are delivered the next day.
